(영문) 청주지방법원 2017.01.06 2015나4666 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2017.01.06 2015나4666

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 23,353.

Reasons

1. On May 3, 2004, the Plaintiff lent KRW 15,000,000 to C for interest rate of KRW 3% per month (hereinafter “instant loan”). The Defendant guaranteed the instant loan obligations on the same day.

[Ground for recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts finding as to the cause of the claim, as a joint and several surety, the defendant is jointly and severally liable to pay the loan principal of KRW 50,420,00 (= KRW 36,00,000 in total of interest of KRW 15,00,000 in borrowed principal + KRW 15,000 in total x 24% in the above interest rate ¡¿ 24% in each year sought by the plaintiff x 10 years in May 3, 2004) - From May 3, 2004 to May 2, 2014) - The defendant is jointly and severally and severally liable to pay the loan principal of KRW 14,420,00 in total, KRW 15,000 in total, KRW 580,00 in total,00 in interest of KRW 580,00 in interest of the loan principal as the principal obligor to the plaintiff.

B. The defendant's defense 1) First of all, since the defendant defenses that the ten-year prescription has expired after the lapse of the ten-year prescription period, it is clear that the plaintiff's claim of this case was established on May 3, 2004, and the plaintiff's lawsuit of this case was filed on January 6, 2015 after the lapse of ten-year period from the lawsuit of this case. However, in full view of the purport of the whole arguments as to the evidence Nos. 1 and 2, C paid KRW 200,000 to the plaintiff on January 17, 2005; the plaintiff also lent KRW 40 million to C on March 28, 2003; and C received KRW 20,000 from September 3, 2003 to pay KRW 300,000,000 for 105,000,0000 from March 17, 2005.

) However, it is recognized that the Plaintiff and C have been paid the above amount (200,000 won) between them.

유사 판례

-수원지방법원 2017.07.20 2016나71898

-부산지방법원동부지원 2015.01.15 2014가단7546

-수원지방법원 2016.01.29 2014가합69712

-인천지방법원부천지원 2015.01.22 2014가단41454

-춘천지방법원강릉지원 2015.05.19 2014나1628